10.1.1.3 Appendix 3 - Draft CEO Employment Agreement€¦ · · 2012-02-29Employment Contract - Chief Executive Officer © Wallmans Lawyers N:\Council\Meeting Agendas\Word Files\2010

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Employment Contract - Chief Executive Officer © Wallmans Lawyers N:\Council\Meeting Agendas\Word Files\2010 Word Files\8. March 3rd - Council\10.1.1.3 Appendix 3 - Draft CEO Employment Agreement.docx

1

EMPLOYMENT AGREEMENT

BETWEEN

DISTRICT COUNCIL OF COPPER COAST

51 Taylor Street, KADINA SA 5554 in the State of South Australia

- and –

PETER DINNING

APPENDIX 3


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TABLE OF CONTENTS

1. DEFINITIONS ........................................................................................................................ 3

2. TERM OF EMPLOYMENT ..................................................................................................... 5

3. EXTENSION OF TERM ......................................................................................................... 5

4. REQUIREMENTS OF POSITION........................................................................................... 6

5. DUTIES AND RESPONSIBILITIES ....................................................................................... 6

6. PERFORMANCE CRITERIA ................................................................................................. 7

7. PERFORMANCE REVIEW .................................................................................................... 8

8. OUTSIDE INTERESTS .......................................................................................................... 9

9. TOTAL EMPLOYMENT COST (TEC) PACKAGE ................................................................. 9

10. TEC PACKAGE REVIEW .................................................................................................... 11

11. EXPENSE OF OFFICE PAYMENTS.................................................................................... 12

12. QUALIFICATIONS HELD .................................................................................................... 12

13. TERMINATION OF AGREEMENT ....................................................................................... 12

14. AMOUNTS OWING UPON TERMINATION ......................................................................... 14

15. LEAVE ................................................................................................................................. 14

16. PROFESSIONAL DEVELOPMENT ..................................................................................... 15

17. CONFIDENTIALITY OF CONTRACT .................................................................................. 16

18. CONFIDENTIALITY OF INFORMATION ............................................................................. 16

19. RETURN OF PROPERTY.................................................................................................... 16

20. NO WAIVER ........................................................................................................................ 17

21. INCONSISTENCY AND SEVERANCE ................................................................................ 17

22. NOTICES ............................................................................................................................. 17

23. VARIATION ......................................................................................................................... 18

24. GOVERNING LAW .............................................................................................................. 18

25. DISPUTE RESOLUTION ..................................................................................................... 18

26. ENTIRE AGREEMENT ........................................................................................................ 19


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EMPLOYMENT AGREEMENT made the day of 2010 BETWEEN District Council of Copper Coast of 51 Taylor Street, Kadina 5554 in the State of South Australia (the Council) AND Peter Dinning of [insert address] in the State of South Australia [insert postcode] (the Chief Executive Officer).

INTRODUCTION A. The Council is a body corporate constituted by proclamation pursuant to the Local Government

Act 1999 (“the Act”).

B. In accordance with Section 96 of the Act the Council wishes to appoint Peter Dinning as its

Chief Executive Officer for a term as specified in this Agreement to perform the duties of Chief

Executive Officer of the Council.

C. The Council resolved on [insert date] to appoint Peter Dinning to the position of Chief

Executive Officer and further resolved that a formal employment contract (this Agreement)

setting out the terms of engagement be entered into between the Chief Executive Officer and

the Council.

D. The Chief Executive Officer wishes to accept the appointment in accordance with this

Agreement.

E. By mutual agreement the Council and the Chief Executive Officer agree that this Agreement

replaces any agreement entered into before the date of this Agreement.

1. DEFINITIONS

In this Agreement, unless expressed or implied to the contrary:

"Act" means the Local Government Act 1999;

"Agreement" means this Employment Agreement;

"Award" means the Municipal Officer’s (SA) Award 1998;

"Chief Executive Officer” means the person appointed as the Chief Executive Officer of the

District Council of Copper Coast as outlined in the Act as amended from time to time.


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"Competent Performance" means the achievement by the Chief Executive Officer of a

performance level equal to or better than "competent" as identified in the performance rating

scale set out in Schedule 3.

"Confidential Information" means:

(a) information relating to the business affairs and employees of the Council;

(b) matters of a technical nature, future directives and policies, technical data pertaining to

the general affairs of the Council, internal procedures and information, financial

information, information pertaining to other employees, salaries, strategic and business

plans and like information relating to the Council;

(c) other information which the Council tells the Chief Executive Officer is confidential or

which if disclosed, the Chief Executive Officer knows or ought reasonably to know would

be detrimental to the Council;

(d) all other information which is imparted to the Chief Executive Officer in circumstances

which the Chief Executive Officer knows or should reasonably know that the information

is confidential to the Council or any other persons with whom the Council is concerned;

and

(e) excludes any information that is public knowledge otherwise than as a consequence of a

breach by the Chief Executive Officer of obligations under this Agreement or breach by

some other person of a duty of confidence to the Council.

"Council" means the corporate entity which is the District Council of Copper Coast;

"Duties" means the responsibilities, duties and functions of the Chief Executive Officer

specified in this Agreement and in Schedule 1;

"Expiry Date" means the date upon which this Agreement expires in accordance with Clause

2.1 of this Agreement;

"Immediate family or household member" means the Chief Executive Officer’s spouse or

domestic partner, child, parent, grandchild, grandparent or sibling, or the child, parent,

grandchild, grandparent or sibling of the Chief Executive Officer’s spouse or domestic partner;

"Performance Criteria" means the criteria against which the Chief Executive Officer’s

performance is to be assessed under the relevant Performance Review Process;


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"Performance Review Process" means the system by which the Chief Executive Officer’s

performance is assessed, under clause 7 and rated in accordance with the performance rating

scale specified in Schedule 3.

"Sacrificed Amount" means the amount elected by the Chief Executive Officer to be paid into

the fund the Chief Executive Officer has nominated in clause 9.6.

"Total Employment Cost Package" means the monetary and non-monetary entitlements of

the Chief Executive Officer specified in Schedule 2;

"Term" means the period of employment specified in Clause 2.1.

2. TERM OF EMPLOYMENT

2.1. The Agreement shall commence on [INSERT DATE] and will continue for a minimum

period of five (5) years concluding, subject to clauses 2.2 and 3 of this Agreement, on

the 3 August 2014 ("the Term").

2.2. The parties agree that the Chief Executive Officer’s employment will terminate on the

Expiry Date unless;

2.2.1 this Agreement is terminated prior to the Expiry Date pursuant to clause 13 of

this Agreement, in which case the Chief Executive Officer’s employment will

terminate at that time, or

2.2.2 the Chief Executive Officer’s employment term is subject to an extension

pursuant to clause 3 of this Agreement.

2.3. The parties agree that, in consideration of the terms and conditions of this Agreement,

the employment of the Chief Executive Officer will not be ongoing but will continue only

for the Term as extended (if at all) in accordance with clause 3 of this Agreement.

3. EXTENSION OF TERM

3.1. Where the Chief Executive Officer achieves Competent Performance in his annual

performance review undertaken under clause 7 of this Agreement, the Term of this

Agreement will automatically be extended by an additional period of twelve (12) months

applicable from the end of this Agreement as stipulated in clause 2.1 and the new Expiry

Date of this Agreement will be 3 August of the subsequent year.


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3.2. Where the Term of this Agreement is extended in accordance with clause 3.1 the terms

and conditions of the Agreement shall remain unaltered except that the Council will

execute an addendum to this Agreement that will be appended at Schedule 5 as

evidence of the extension.

3.3. The addendum will include the revised Expiry Date.

3.4. Where the Chief Executive fails to achieve Competent Performance, as envisaged in

clause 3.1 of this Agreement, the Term will not be further extended but instead the

Expiry Date will crystalise based upon the extended date last achieved under clause 3.1.

3.5. Subject to clause 3.4 and irrespective of the Chief Executive Officer achieving

Competent Performance, the Council retains discretion to extend this Agreement where

the Council forms the opinion that ‘exceptional circumstances’ (as determined at the

discretion of the Council) existed during the relevant performance review period.

3.6. The terms of this Agreement do not contain or create an option for renewal exercisable

by the Chief Executive Officer.

4. REQUIREMENTS OF POSITION

4.1. The Chief Executive Officer must carry out the Duties as are:

4.1.1 Set out in the Position Description as detailed in Schedule 1 and as varied

from time to time by agreement between the parties.

4.1.2 Set out in the policies of the Council as adopted by the Council from time to

time during the term of employment.

4.1.3 Imposed by the Act or in any other statute and/or enabling regulations relevant

to the position of Chief Executive Officer.

5. DUTIES AND RESPONSIBILITIES

5.1. The Chief Executive Officer shall:

5.1.1 Work such reasonable hours as are necessary to carry out the Duties and

functions of the position;

5.1.2 Observe and carry out all lawful directions given by the Council, in relation to

the performance of the Chief Executive Officer’s duties and functions under this

Agreement;


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5.1.3 Act in the best interest of the Council at all times;

5.1.4 Promote the aims and objectives of the Council;

5.1.5 Disclose any financial or other interest relating to the business of the Council in

accordance with the Act or which conflicts or may conflict with the discharge of

the duties and functions of the office of Chief Executive Officer and comply with

any reasonable direction given by the Council in respect of that interest.

5.1.6 Devote the whole of his professional effort to his employment and will not hold

any position or take on any activities which may in any way be seen to conflict

with the Chief Executive Officer’s obligations under this Agreement unless he

has received the prior approval of the Council.

5.1.7 Perform the Duties with such a degree of skill, care and diligence, which is

appropriate to the Duties.

5.1.8 Be just and faithful to the Council and shall promptly give to the Council full

information and truthful explanations of all matters relating to his Duties and

responsibilities under this Agreement;

5.1.9 Be informed and up to date on issues and developments that affect all areas of

responsibility.

5.1.10 As an employee personally observe the requirements of the Council's policies

and procedures in force from time to time;

5.1.11 Observe the requirements of the Employee Code of Conduct that has been

adopted by the Council.

6. PERFORMANCE CRITERIA

6.1. The following performance criteria applies to this Agreement:

6.1.1 Provide accurate and timely advice to the Council;

6.1.2 Work in collaboration with the Council;

6.1.3 Provide innovative and visionary leadership;

6.1.4 Establishment of effective networks;

6.1.5 Maintain a work environment that facilitates the development of people and

encourages them to perform at a high level;


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6.1.6 Ensure the effective and accountable application of financial and physical

resources;

6.1.7 Develop and maintains change management strategies to enhance service

delivery;

6.1.8 Initiate the development, implementation and review of effective policies.

These performance criteria may be varied and any other criterion may be included by

agreement between the parties at any time during the term of this Agreement.

7. PERFORMANCE REVIEW

7.1. Council will ensure that a review of the Chief Executive Officer’s performance is

conducted annually or more frequently if the Council determines there is a need to do

so.

7.2. The Council shall give the Chief Executive Officer a minimum of ten working days notice

in writing that a performance review is to be conducted to enable the Chief Executive

Officer sufficient time to prepare.

7.3. The Chief Executive Officer will prepare and submit to the Council an assessment of his

own performance prior to the assessment by Council.

7.4. The final report on the assessment of the Chief Executive Officer is to be forwarded to

the Council or relevant Council Committee for consideration.

7.5. In the event that the Chief Executive Officer does not achieve Competent Performance,

a written report shall be compiled with respect to the performance review and a copy

provided to the Chief Executive Officer within one (1) month of the performance review.

The report shall set out in detail any particular aspects of the Chief Executive Officer’s

performance that requires improvement, together with timeframes during which the

Council expects those areas of performance to be improved to a specified standard.

7.6. The Council must provide whatever counselling, advice and assistance as reasonably

necessary to enable the Chief Executive Officer to improve his performance during any

specified timeframes referred to in clause 7.5.

7.7. If at the conclusion of the timeframes referred to in clause 7.5 the Chief Executive

Officer’s performance is still below that required the Council may:

7.7.1 take no further action; or


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7.7.2 extend the timeframe for specified improvement for a further specified period;

or

7.7.3 terminate the contract in accordance with clause 13.3.2.

8. OUTSIDE INTERESTS

8.1. The Chief Executive Officer may accept board positions where the board is part of a

statutory or not for profit authority provided that there is no conflict of interest apparent to

the Chief Executive Officer in accepting the appointment. The Chief Executive Officer

must advise the Mayor in writing of the board position immediately upon accepting the

position.

8.2. Otherwise, the Chief Executive Officer must not be directly or indirectly engaged,

concerned or interested in any employment, trade, business, profession or occupation

requiring the provision of services or advice by the Chief Executive Officer (other than

the employment provided by this Agreement) except with the prior consent in writing of

the Council.

8.3. The Council will not unreasonably withhold its consent in this regard.

8.4. Where the Council so requests, the Chief Executive Officer must disclose to the Council

all the Chief Executive Officer's outside activities and interests which fall within the

scope of this Clause 8.

9. TOTAL EMPLOYMENT COST (TEC) PACKAGE

9.1. In consideration of performing the Duties, the Chief Executive Officer is entitled to an

initial TEC Package of [INSERT AMOUNT $ includes salary, superannuation and

vehicle] per annum as outlined in Schedule 2.

9.2. No additional remuneration is paid for overtime worked by the Chief Executive Officer it

being noted that this Agreement is entered into in contemplation of Clause 6.4.6 of the

Award.

9.3. The cash component of the TEC Package will be paid in arrears in equal fortnightly

instalments by direct deposit to an account nominated by the Chief Executive Officer.

9.4. The Chief Executive Officer agrees that the TEC Package provided for in this Agreement

is offered as full compensation for all work performed, which takes into account:


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9.4.1 any entitlement to leave loading, overtime loading, weekend or public holiday

loading or any other form of salary loading;

9.4.2 any service by way of overtime, rostered days off or for attendance at meetings

or functions outside the Council’s usual office hours;

9.4.3 any entitlement to formal rostered days off;

9.4.4 an acknowledgement that the position is measured on performance and not on

the number of hours worked.

9.5. The statutory superannuation contribution required to be made by Council to the Chief

Executive Officer pursuant to the Superannuation Guarantee (Administration) Act 1992

(Cth) shall be included in the TEC Package and paid into a fund nominated by the Chief

Executive Officer that complies with the relevant federal legislation.

9.6. The Chief Executive Officer may with the consent of the Council elect to have a portion

of before tax salary paid by way of salary sacrifice into the fund the Chief Executive

Officer has nominated (or which the Council has nominated as the default fund) in

clause 9.5 ("the Sacrificed Amount"). The fund must be capable of accepting the

Sacrificed Amount.

9.7. The Sacrificed Amount nominated in this clause must not exceed that permitted by

relevant tax or superannuation legislation and shall be agreed in writing in with the form

marked in Schedule 4 of this Agreement. The Chief Executive Officer may apply to vary

the Sacrificed Amount or terminate this arrangement on no more than one (1) occasion

in every 12 month period.

9.8. An application to salary sacrifice under this clause must be made by completing the form

attached at Schedule 4 of this Agreement.

9.9. The Chief Executive Officer shall continue to receive the following entitlements and

payments calculated by reference to his salary before the Sacrificed Amount is

deducted:

(a) Paid Leave

(b) Any entitlement derived from the salary

(c) Employer superannuation guarantee contributions


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(d) Termination benefits including notice

(e) Allowances

9.10. Should the Council and the Chief Executive Officer agree to structure the TEC Package

in such a way that Fringe Benefit Tax (FBT) is payable on all or any part of the TEC

Package, the FBT shall be paid by the Chief Executive Officer from the TEC Package

unless otherwise specified in this Agreement.

9.11. Subject to clause 9.10, the Council shall pay any liability with respect to Fringe Benefit

Tax incurred as a result of the ordinary carrying out of local government business by the

Chief Executive Officer by way of functions or travelling or on any part of the TEC

Package.

9.12. The Council shall make available to the Chief Executive Officer an appropriate and fully

maintained vehicle for use in the performance of his duties and for unlimited private use

which is included in the TEC Package at the rate applicable for the standard of vehicle.

The vehicle is provided on the understanding that:

9.12.1 the vehicle is not to be used for any commercial or income producing activity or

pursuits engaged in by the Chief Executive Officer;

9.12.2 the Council shall be responsible for all costs associated with the vehicle

including, but not limited to, registration, insurance, fuel, maintenance and

Fringe Benefit Tax.

9.12.3 the Chief Executive Officer is responsible for organising for the vehicle to be

maintained, serviced and cleaned in an appropriate manner.

9.12.4 the notional value of the vehicle as part of the TEC Package will be reviewed

annually and may be taken as a cash component of the TEC.

10. TEC PACKAGE REVIEW

10.1. The TEC Package specified in Schedule 2 will be reviewed annually and any such

review shall not result in a decrease in the TEC Package

10.2. The annual review of the TEC Package shall be conducted within one (1) month

following the performance review set out in clause 7 (if reasonably practicable), and any


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change to the TEC Package shall be "backdated" to take effect from the anniversary of

the Commencement Date of this Agreement.

10.3. The review of the TEC Package will take into account the following;

10.3.1 the agreed criteria upon which the Chief Executive Officer’s performance is

assessed in accordance with the Performance Review Process, and

10.3.2 movements in the annual CPI (All Groups Adelaide) and the increase and

movement in executive salaries within Local Government.

10.4. Any variation to the TEC Package must be approved by the Council.

11. EXPENSE OF OFFICE PAYMENTS

In addition to the TEC Package referred to in clause 9 the Council shall meet the following

expense of office payments or reimburse the Chief Executive Officer upon production of

accounts or receipts for:

11.1. entertainment, executive and other sundry expenses reasonably and necessarily

incurred by the Chief Executive Officer in the performance of his duties; and

11.2. the cost and provision of a mobile telephone service; and

11.3. the provision of a personal computer and broadband connection for remote/home office

use; and

11.4. the reasonable costs of the Chief Executive Officer attending conferences, seminars,

training and development courses and study relevant to the performance of his duties;

and

11.5. membership fees and subscriptions payable by the Chief Executive Officer to

professional associations, the membership of which is reasonably necessary or

desirable for the Chief Executive Officer to hold in the performance of his duties. For the

purposes of this clause membership shall include without limitation Local Government

Managers Australia, Institute of Public Works Engineering Australia, Australian Institute

of Management, and the Institute of Internal Auditors Australia.

12. QUALIFICATIONS HELD

The Chief Executive Officer confirms that he holds all qualifications represented by him to the Council.

13. TERMINATION OF AGREEMENT


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13.1. Summary Termination

13.1.1 This Agreement may be terminated by the Council in writing with a minimum of

three (3) months notice in the event that the Chief Executive Officer:

13.1.1.1 commits any serious or persistent breach of any of the terms of this

Agreement;

13.1.1.2 engages in serious and wilful misconduct;

13.1.1.3 is guilty of serious neglect of Duty in the discharge of the duties;

13.1.1.4 knowingly acts in breach of Council’s policies in force from time to

time;

13.1.1.5 makes improper use of Council property; or

13.1.1.6 is convicted of any criminal offence which prescribes a term of

imprisonment.

13.2. Termination Due to Illness or Incapacity

This Agreement may be terminated by the Council in writing with a minimum of three (3) months notice

in the event that the Chief Executive Officer is incapacitated from performing the Duties pursuant to

this Agreement due to ill health of any type for a period of greater than six (6) months and where all

leave entitlements have been exhausted, except where such illness constitutes a compensable

disability pursuant to the provisions of the Workers Rehabilitation and Compensation Act 1986 (SA).

13.3. Termination by the Provision of Notice

13.3.1 This Agreement may be terminated by the Chief Executive Officer by giving the

Council a period of three (3) month’s notice in writing, unless otherwise

negotiated with the Council.

13.3.2 This Agreement may be terminated by the Council by giving three (3) months

written notice to the Chief Executive Officer and making a payment of up to the

value of one years remuneration if the Agreement has one year or more to run,

or, if the Agreement has less than one year to run, a payment not exceeding

the value of remuneration the Chief Executive Officer would have received if

the Agreement had been completed.


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13.3.3 In addition to any right of termination, and without derogating from any right

available in this Agreement, the Chief Executive Officer’s employment may at

any time be terminated by the mutual agreement of the parties on whatever

notice and terms the parties may then agree.

13.4. Redundancy During Term of Agreement

13.4.1 The Council may terminate the employment of the Chief Executive Officer on

the grounds of redundancy during the Term of this Agreement only where;

13.4.1.1 The position of Chief Executive Officer no longer exists or will no

longer exist; or

13.4.1.2 The Council has declared or intends to declare the Chief Executive

Officer’s position redundant due to amalgamation.

13.4.2 If the Agreement is terminated in accordance with clause 13.4.1 the Council

will pay to the Chief Executive Officer the balance of the Agreement paid out at

the total TEC Package value.

14. AMOUNTS OWING UPON TERMINATION

14.1. Where the Chief Executive Officer ceases employment with the Council and;

14.1.1 the Council has paid remuneration to the Chief Executive Officer for work that

will not be performed or,

14.1.2 the Council has paid the Chief Executive Officer any other amount (however

described) which he is no longer entitled by virtue or has a liability to make

repayment of to the Council,

14.2. the Chief Executive Officer agrees that the overpayment can be recovered by the

Council from any monies or entitlements due to the Chief Executive Officer upon

termination of the employment.

15. LEAVE

15.1. Annual Leave

15.1.1 The Chief Executive Officer is entitled to 30 days paid annual leave each year,

to be taken during agreed periods.


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15.1.2 The Chief Executive Officer is not entitled to any leave loading payment.

15.1.3 There should not be more than forty (40) days annual leave outstanding in one

year of service. The Council may direct the Chief Executive Officer to take any

outstanding leave in excess of forty (40) days.

15.1.4 Any entitlement to annual leave standing to the credit of the Chief Executive

Officer at the time of cessation of employment shall be discharged by the

payment based on the Chief Executive Officer’s TEC Package as set out in

Schedule 2.

15.2. Personal/Carer's Leave

15.2.1 The Chief Executive Officer is entitled to 12 paid days of personal/carer's leave

per year when:

15.2.1.1 the Chief Executive Officer is suffering from a personal illness or

injury (sick leave); and/or

15.2.1.2 to provide care and support to an immediate family or household

member who is suffering from a personal illness or injury (carer’s

leave).

15.2.2 Personal/carer’s leave not taken shall accumulate without limit.

15.2.3 There shall be no entitlement to payment in lieu of accrued personal/carer’s

leave entitlements.

15.3. Long Service Leave

15.3.1 Long service leave entitlements will be granted in accordance with the

provisions of the Long Service Leave Act (SA) 1987 and the Local Government

Act.

15.3.2 Upon completion of service with the Council or under Council’s Long Service

Leave Policy, the Council will pay out the Chief Executive Officer’s long service

leave deemed to have accrued.

15.4. Compassionate Leave

The Chief Executive Officer is entitled to two (2) days paid compassionate leave for

bereavement upon the death of an immediate family or household member.


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16. PROFESSIONAL DEVELOPMENT

The Council agrees to provide the Chief Executive Officer with professional development

opportunities to meet the performance measurement requirements, throughout the term of this

Agreement as mutually agreed.

17. CONFIDENTIALITY OF CONTRACT

Subject to any applicable law and the written consent to disclosure by both parties, the terms of

this Agreement will be kept confidential.

18. CONFIDENTIALITY OF INFORMATION

18.1. The Chief Executive Officer will not at any time during this Agreement, nor at any time

thereafter:

18.1.1 otherwise than in the discharge of the Chief Executive Officer’s duties

hereunder or with the prior consent of the Council, divulge to any other person

any information confidential to the Council which the Chief Executive Officer

may acquire or have acquired in the course of this Agreement;

18.1.2 use confidential information obtained for the Chief Executive Officer’s own

benefit or the benefit of any other person or entity.

18.2. All documents, memoranda, reports, books, manuals, papers, records, tools, computer

software and hardware and electronically stored information in respect of the operations

or statutory obligations of the Council shall be and remain the sole property of the

Council and shall be delivered up by the Chief Executive Officer to the Council upon

demand.

18.3. The Chief Executive Office acknowledges that the obligations imposed by this clause

shall be in addition to the obligations imposed or implied at common law in respect of

employees.

18.4. The Chief Executive Officer’s obligations under this clause shall survive the termination

of this Agreement.


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19. RETURN OF PROPERTY

19.1. When the employment relationship between the Council and the Chief Executive Officer

is terminated for whatever reason, the Chief Executive Officer agrees to immediately

return to the Council all tangible and intangible property belonging to, leased, or

otherwise provided to the Chief Executive Officer by the Council.

19.2. 'Property' in this clause includes without any limitation any and all:

19.2.1 stationery, books, business cards, documents, records, disks, access cards,

mobile telephone, computer hardware, credit cards, cars or keys;

19.2.2 materials provided to the CEO by the Council, including materials provided to

enable performance of the Duties, and all intellectual property of the Employer;

19.2.3 materials produced by the CEO in performing Duties (in or out of working

hours) and all intellectual property in that material are the property of the

Council alone, on and from creation, unless otherwise agreed in writing by the

Council.

20. NO WAIVER

20.1. A party waives a right under this Agreement only by written notice that it waives the

right.

20.2. A waiver is limited to the specific instance to which it relates and to the specific purpose

for which it was given.

21. INCONSISTENCY AND SEVERANCE

21.1. If there is any inconsistency between this Agreement and any Industrial Relations Law,

the Industrial Relations Law prevails, but only to the extent of the inconsistency.

21.2. If there is any inconsistency between this Agreement and the Act, the Act prevails but

only to the extent of the inconsistency.

21.3. Each provision of this Agreement shall be read and construed independently of the other

provisions of this Agreement so that if one or more are held to be invalid for any reason

whatsoever, then the remaining provisions shall be valid to the extent that they are not

held to be so invalid.


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21.4. If a provision of this Agreement is found to be void or unenforceable but would be valid if

some part hereof were deleted or the period of application reduced, such provision shall

apply with such modification as may be necessary to make it valid and effective.

22. NOTICES

Any notice to be given pursuant to this Agreement shall be in writing and may be delivered

personally or delivered by prepaid registered post to the address of the parties set our in the

Agreement, or at the known place of abode or business of the party or such other address as

the party may from time to time notify to the other party for the purposes of service of any

notice.

23. VARIATION

This Agreement shall only be varied by further agreement of the parties in writing.

24. GOVERNING LAW

Subject to the lawful operation of the Award this Agreement shall be governed by, construed

and take effect in accordance with the laws of South Australia and the parties hereto irrevocably

submit to the jurisdiction of the courts of South Australia.

25. DISPUTE RESOLUTION

In relation to any matter that may be in dispute between the Chief Executive Officer and the Council, the parties will;

25.1. Attempt to resolve the matter at workplace level by the Chief Executive Officer and the

Council, or a person or Committee authorised by the Council for that purpose, meeting

and conferring on the matter.

25.2. Agree to allow either party to refer the matter to mediation if the matter cannot be

resolved at the workplace level.

25.3. Agree that if either party refers the matter to an independent mediator, both parties will

participate in the mediation process in good faith.

25.4. Acknowledge the right of either party to appoint, in writing, another person to act on

behalf of the party in relation to the mediation process. Such mediation shall operate in a

manner as agreed by the parties.


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25.5. The cost of the mediation service referred to in clause 25.2 will be met by the Council.

Where another person is used by either party in accordance with clause 25.4, each party

as the case may be will be responsible for meeting the costs of that person appointed to

act on their behalf.


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26. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the parties regarding the employment of the

Chief Executive Officer as herein provided and supersedes all prior agreements,

understandings and negotiations regarding the employment of the Chief Executive Officer.

SIGNED for and on behalf of District Council of Copper Coast ………………………………… Mayor Paul Thomas In the presence of: ………………………………… Witness (Sign and print name) DATED the day of 2010 SIGNED by ………………………………… Peter Dinning In the presence of: ………………………………… Witness (Sign and print name) DATED the day of 2010

Employment Contract - Chief Executive Officer 21 N:\Council\Meeting Agendas\Word Files\2010 Word Files\8. March 3rd - Council\10.1.1.3 Appendix 3 - Draft CEO Employment Agreement.docx


SCHEDULE 1

Position Description

Chief Executive Officer

Employment Contract - Chief Executive Officer 22 N:\Council\Meeting Agendas\Word Files\2010 Word Files\8. March 3rd - Council\10.1.1.3 Appendix 3 - Draft CEO Employment Agreement.docx


CHIEF EXECUTIVE OFFICER

JOB & PERSON SPECIFICATION

[INSERT DATE]

10.1.1.3 Appendix 3 - Draft CEO Employment Agreement


SCHEDULE 2

TOTAL EMPLOYMENT COST (TEC) PACKAGE


TOTAL EMPLOYMENT COST (TEC) PACKAGE

Effective Date

CHIEF EXECUTIVE OFFICER

Annualised Salary $[INSERT AMOUNT]

Compulsory Superannuation Guarantee Levy $[INSERT AMOUNT] Currently 9% of earnings, paid by Council

Notional Value of Motor Vehicle (inc FBT costs) (based upon a 6 cylinder vehicle) $[INSERT AMOUNT] TECP $[INSERT AMOUNT]

TOTAL EMPLOYMENT COST PACKAGE $[INSERT AMOUNT]

Additional Notes: 1. The notional value of the vehicle may change according to the choice of vehicle.

CEO to Initial …………………………………Council representative to Initial ………………………………….



SCHEDULE 3

PERFORMANCE RATING SCALE


PERFORMANCE RATING SCALE Rating Definition

5 Exceptional

• A standard of competency / performance / achievement that far exceeds overall requirements.

• Ability, initiative and creativity far beyond the normal requirements for the job.

• Achievement and influence goes beyond the immediate job.

• Behaviour always exemplifies commitment to constructive culture.

4 Highly Commendable

• A standard of competency / performance / achievement that clearly exceeds the overall requirements.

• Achievement goes beyond the immediate job.

• Looks for opportunities and shows initiative and creativity.

• Behaviour consistently demonstrates commitment to constructive cultures and sets an example for others.

3 Competent

• A standard of competency / performance / achievement that meets the requirements.

• Developing within the position.

• Behaviour demonstrates commitment to constructive culture.

2 Below Required Performance

• A standard of competency / performance / achievement that meets minimum requirements.

• Performance improvement is required in some areas (could be new to role).

• Behaviour often falls below the expected standards of a constructive approach.

1

Unacceptable

• A standard of competency / performance / achievement that requires significant improvement

• Behaviour rarely demonstrates constructive approach.

• Performance is below acceptable levels and improvement is essential.



SCHEDULE 4

REQUEST TO SALARY SACRIFICE INTO SUPERANNUATION


REQUEST TO SALARY SACRIFICE INTO SUPERANNUATION

I wish to [enter into/withdraw from] a salary sacrifice agreement for the stated amount under my Contract.

Superannuation Fund Amount in $ or % to be salary sacrificed from my gross pay

Employee Name (Print): _______________________________

Signature: _______________________________

Date: _______________________________

Approved By (Print): _______________________________

Signature: _______________________________

Date: _______________________________


Documents

10.1.1.3 Appendix 3 - Draft CEO Employment Agreement€¦ · · 2012-02-29Employment Contract - Chief Executive Officer © Wallmans Lawyers N:\Council\Meeting Agendas\Word Files\2010